Kerala High Court
Shajahan B.K vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
CRL.MC NO. 1621 OF 2021
AGAINST THE ORDER/JUDGMENT IN LP 98/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG, KASARGOD
PETITIONER/S:
SHAJAHAN B.K.
AGED 38 YEARS
S/O. ABDULLA, JAMEELA MANZIL, RESIDING AT
ANTHINJAL, AJANUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT.
BY ADV SHIBA M SAMUEL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2 STATION HOUSE OFFICER
HOSUDRG POLICE STATION, KASARAGOD DISTRICT -
671315.
OTHER PRESENT:
SRI.C.S.HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.MC 1621/2021
2
ASHOK MENON, J.
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Crl.MC No.1621 of 2021
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Dated this the 6th day of July, 2021
ORDER
The petitioner is the fifth accused in Crime
No.1120/2011 of Hosdurg Police Station for having allegedly
committed offences punishable under Sections 143, 147, 148,
326, 307 and 153A read with Section 149 IPC. There were a
total of six accused in this crime. Final report was filed and
accused Nos.3 and 5 faced trial in SC No.410/2015 on the files
of the Additional Sessions Court-III, Kasaragod and after trial,
they were found to be not guilty and acquitted under Section
235(1) Cr.PC vide Annexure-A2 judgment. Subsequently, the
fourth accused also had approached this Court with Crl.MC
Crl.MC 1621/2021
No.5782/2019 and vide order dated 23.9.2019 at Annexure-
A3, the entire proceedings as against him was quashed by this
Court under Section 482 Cr.PC. Thereafter, the second
accused also had approached this Court by filing Crl.MC
No.1135/2020 and vide order dated 13.3.2020 at Annexure-
A4, entire proceedings as against him was quashed by this
Court.
2. The petitioner is the fifth accused. He was
absconding and the case against him is pending as LP
No.98/2015. This Court had vide interim order dated
18.3.2021 directed the petitioner to surrender before the
jurisdictional court and obtain bail. Accordingly, he
surrendered before the jurisdictional court and he obtained
bail and the case against him has been re-filed as CP
Crl.MC 1621/2021
No.29/2021 and pending committal proceedings before the
Judicial First Class Magistrate's Court-I, Hosdurg. The
petitioner states that the entire proceedings as against him
may be quashed in view of the acquittal of the accused Nos.3
and 5 and quashing of the entire proceedings as against
accused Nos.4 and 2 by this Court under Section 482 Cr.PC
vide Annexures-A3 and A4 orders.
3. Considering the entire facts and circumstances of
this case, I find that the substratum of the prosecution case
has been lost, in view of the acquittal of accused Nos.3 and 5
as per Annexure-A2 judgment. Accused Nos.4 and 2 also
have been discharged by this Court as per Annexures-A3 and
A4 orders. The only person to be tried by the court is the
Crl.MC 1621/2021
petitioner. No purpose would be served by proceeding with
the trial as against him.
In the result, the petition is allowed and the entire
proceedings as against the petitioner herein in Crime
No.1120/2011 of Hosdurg Police Station, presently pending as
CP No.29/2021 on the files of the Judicial First Class
Magistrate's Court-I, Hosdurg stands quashed under Section
482 Cr.PC and the petitioner/accused is discharged.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 1621/2021
APPENDIX OF CRL.MC 1621/2021
PETITIONER ANNEXURE
ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1120 OF 2011 OF HOSDURG POLICE
STATION.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED
12.02.2019 IN SC. NO.410 OF 2015 OF THE
ASSISTANT SESSIONS COURT - III,
KASARAGOD.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED
23.09.2019 PASSED BY THIS HON'BLE COURT
IN CRL.M.C 5782/2019.
ANNEXURE A4 THE TRUE COPY OF THE ORDER IN CRL.M.C
NO.1135/2020 BEFORE THIS HON'BLE COURT
DATED 13.3.2020.
